No Neutral Moral Law

In truth, however, there is no such thing as a neutral law. Laws make some thoughts more thinkable and some actions more doable. When the public treats all forms of adult relationships as equally valid (as privatizers must insist that it do), mores change as well, so all relationships are accorded what Ronald Dworkin calls “equal concern and respect.” This affects behavior and attitudes by detaching honor or shame from actions. The choice of whether to allow choice in marriage matters is itself a choice—a choice that is shaped by particular moral considerations and has inevitable long-term moral ramifications. To decide that the state ought to leave people free to choose on matters of marriage and sexuality is to decide either that this realm is truly private and hence unimportant—like the choice of hairstyle—or that one elevates individual choice over the common good—like the choice of how to define marriage.

Scott Yenor, “Marriage and Family Life Cannot be Privatized”